Second-degree murder versus first-degree murder, explained

Antonio Perez/Chicago Tribune

Prosecutor Jody Gleason begins closing statements during the murder trial for Officer Jason Van Dyke, left, for the shooting death of Laquan McDonald, at the Leighton Criminal Court Building on Oct. 4, 2018, in Chicago.

Prosecutor Jody Gleason begins closing statements during the murder trial for Officer Jason Van Dyke, left, for the shooting death of Laquan McDonald, at the Leighton Criminal Court Building on Oct. 4, 2018, in Chicago. (Antonio Perez/Chicago Tribune)

Chicago police Officer Jason Van Dyke was charged with first-degree murder in the shooting death of 17-year-old Laquan McDonald, 16 counts of aggravated battery with a firearm and one count of official misconduct. But jurors were told Thursday that during deliberations they can consider a lesser charge than first-degree murder — second-degree murder.

Here are a few facts about the charges:

First-degree murder

Under Illinois law, first-degree murder is defined, in part, as intending to kill or do great bodily harm to another — knowing that act would cause death — without lawful justification. In plainspoken terms, the prosecution does not need to prove the shooting was premeditated to win a conviction on first-degree murder. Instead, it must prove that Van Dyke intended to kill or do great bodily harm to McDonald when he fired his gun or that he knew shooting McDonald could “create a strong probability of death or great bodily harm.” But whether he did so in self-defense can be a mitigating factor in the jury’s decision.

First-degree murder in Illinois carries a sentence of 20 years to life imprisonment, depending on various factors.

Those convicted of first-degree murder have to serve 100 percent of their sentence.

Second-degree murder

Second-degree murder was previously called voluntary manslaughter in Illinois, and it can be a complicated charge for jurors to understand. It requires jurors to find that the prosecutors have proved all the elements of first-degree murder. Then they must decide whether the defense has shown “it is more probably true than not true” that Van Dyke believed he was justified, but that belief was unreasonable.

Second-degree murder carries a lighter sentence than first-degree murder, but also less than aggravated battery. Second-degree murder does not carry mandatory prison time — offenders can be sentenced to four to 20 years in prison or even receive probation.

In Illinois, those convicted of second-degree murder typically serve about half their sentence.

Aggravated battery with a firearm

Aggravated battery with a firearm is defined as knowingly discharging a firearm and causing injury to another person.

An aggravated battery with a firearm conviction carriesa sentence ofat leastsix to 30 years in prison — and 85 percent of that time must be served.